ThaiHome Posted February 28, 2009 Report Share Posted February 28, 2009 My fiernd that did this last year, only stuck around until the USCIS had approved the I-130 and passed it on to the consulate. He helped get the Packet 3 stuff ready and then left. She went to interview without him. Flew to the US without him as well. It is an all or nothing thing as I believe they cancel the tourist visa as soon as the I-130 is submitted. TH TH Link to comment Share on other sites More sharing options...
.. Posted February 28, 2009 Report Share Posted February 28, 2009 Very surprised that they allowed the interview without him. On the AOS I went through (and the nieces, since I was sponsoring them), I had to be there, so they said. Tho' in both instances the interviews were about 30 seconds long. Cheers, SD Link to comment Share on other sites More sharing options...
dean Posted February 28, 2009 Report Share Posted February 28, 2009 In the case of sponsorship, put as much documentation as possible, even if you don't think the consulate will accept it. And try to be there by 7:30 A.M. on the date of the interview. They get through every interview scheduled for that morning and only have a limited time to go through the documents, so they go for documentation of name changes and documentation of children having "correct" permission to leave Thailand. They are much more lax on whether the figures that you supply to them for rsponsorship are from "approved" areas of net worth or from grey areas, like my houses in Thailand. As long as the total figures is above the 125% of poverty, you should be fine. Link to comment Share on other sites More sharing options...
dean Posted March 1, 2009 Report Share Posted March 1, 2009 One other thing. Try not to get a Permanent Residency visa from June-August at the Bangkok embassy. There are many interns working there in the summer and the head honchos are away from the embassy much of the time. From the time that I "corrected" the "mistakes" on the forms submitted for the interview, they sat on the head honcho's desk, sstamped for approval (my lawyer checked for me with a Thai working the windows at the embassy and thats what he told my lawyer), waiting for the head honcho's signiture. That came in 5 more weeks. Also, as an aside note, have a professional take the picture used in both the P.R. visa and green card. I stook the pictures myself of my wife and her 3 kids. The pictures were used for the P.R. visas, which were issued in Bangkok, but the Homeland Security assholes who work in Southern California (my family arrived through LAX) decided my wife's eyes were not opened enough for them. They issued the green card but destroyed it before mailing it. The kids have had their green cards since early November. My wife still does not. I've been to the Homeland Security office near the airport in K.C. 3 times (it is a 30 minute drive). The second time I went, they told me they would have the documentation sent from S. Cal. to their office and then call me. 5 weeks go by and I go back out to their office (they have no phone number). They forgot to notify me that my wife needs to fill out a form to hve the documents sent from California. 5 weeks wasted! I expect the gree card to be ready by the time my wife has to apply for a 10 year green card, Oct., 2010. And, of course, I have to pay $70 to have that temporary card issued. And I get to listen to my wife bitch at least once a week about not having her green card, even though the P.R. visa acts as her green card for at least a year. Link to comment Share on other sites More sharing options...
expat Posted March 2, 2009 Author Report Share Posted March 2, 2009 Thanks for all the discussion, gentlemen. It has been very helpful. SuaDum: I'm not interested in adjustment of status because I would have to lie, which I would prefer not to do if given the choice. Dean, I read your previous thread with interest and believe I even made a reply there at some point. No kids or name change problems for us, so it should be easier. My wife has also worked full time in an international company for quite a while so I am hopeful that will push the right buttons for immigration. As I said before, the assets are not an issue for us, thank god, but the info about future jobs not counting is amazing. I feel very sorry for those who land a good job in the states but get caught by *that* catch 22. I'm in Pattaya, so although traveling up to Bkk won't be fun, at least it's relatively painless. The June-August thing probably frightens me the most. ThaiHome: thanks for your reassuring input. I know there are no guarantees, but it's good to hear that others have been able to get through the process without lying. Thanks again to all for the information Edit: I just had a thought. To extend the hypothetical, suppose I started the process early to make sure it finished in time and we got the visa. Then suppose we decided to stay in Thailand because I couldn't find a job in the states (a likely scenario given the current state of the union). I know I would be out a chunk of change, but what other consequences would there be? Would I have to go to the US embassy and forfeit her new visa or would she be able to hang on to it for a while? If so for how long is it valid? I assume that it would be a bad idea and I should wait until I get a job in the states, but I don't really understand the crazy world of immigration, so maybe logical assumptions just don't hold, i.e. there's no downside to going through the process now even if we don't move back to the states for a few years. Sorry if this is a bit rambly, but I can't figure out how to make it more succinct. Link to comment Share on other sites More sharing options...
dean Posted March 2, 2009 Report Share Posted March 2, 2009 If you don't enter the U.S. within 6 months after the visa is enter, it becomes invalid. I don't think that there is any repercussions other than that. As ffar as the june-Aug. thing, I think part of the problem was I had 4 people applying and no honcho was going to stick their neck out unless they had to, so it sat for a couple of weeks. One visa may be no problem. Link to comment Share on other sites More sharing options...
ThaiHome Posted March 3, 2009 Report Share Posted March 3, 2009 As said, the visa is valid for 6 months and she can enter anytime within that period. One option you might want to consider, if you are eligible, is to go ahead and get the visa and enter the US and the green card will be issued. If you have been married more then 2 years, the green card will be unconditional and she can leave the US without impacting her PR status. If you work for a US company on overseas assignment, she can apply for a re-entry permit that allows her to stay out of the US for a year at a time and still maintain the green card. TH Link to comment Share on other sites More sharing options...
expat Posted March 3, 2009 Author Report Share Posted March 3, 2009 As said, the visa is valid for 6 months and she can enter anytime within that period. One option you might want to consider, if you are eligible, is to go ahead and get the visa and enter the US and the green card will be issued. If you have been married more then 2 years, the green card will be unconditional and she can leave the US without impacting her PR status. Very interesting indeed! We've been married a lot longer than that. If you work for a US company on overseas assignment, she can apply for a re-entry permit that allows her to stay out of the US for a year at a time and still maintain the green card. TH Hm, so even though she can leave, she can't leave for long spells unless I have an overseas assignment with a US company? Am I getting this right? Link to comment Share on other sites More sharing options...
ThaiHome Posted March 3, 2009 Report Share Posted March 3, 2009 Basically she is being given Permanent Residency, and if she is not resident it is tough to maintain without the re-entry permit. Somewhat of a grey area on what is needed to keep it. Some say she would have to stay at least 6 months of the year, but I have known people that have kept it only make a couple of trips for a month or so at a time. The government regulations do not specify an exact amount of time that is needed to stay in the US. Know two people that have had it taken away when they entered when is was decided they had waived it by being out of the US too long. Both had been out of the country for a year or more. One by just a few weeks. TH Link to comment Share on other sites More sharing options...
expat Posted March 3, 2009 Author Report Share Posted March 3, 2009 Thanks again for the info, it's been illuminating. Link to comment Share on other sites More sharing options...
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